Linklaters

Commenting on the decision in the case of Jivraj v Hashwani, Greg Reid, a partner in Linklaters’ litigation and arbitration practice, said:

“We welcome the unanimous decision of the Supreme Court delivered today in the case of Jivraj v Hashwani. Christopher Style QC of Linklaters, together with Laurence Rabinowitz QC and Christopher McCrudden, appeared before the Supreme Court on behalf of the London Court of International Arbitration as intervener.

“The Supreme Court's principal finding, that arbitrators are not employees, provides welcome clarification of the role and status of an arbitrator. The decision is a positive recognition of the importance of party autonomy in international arbitration. It removes any uncertainty which had been generated by the Court of Appeal's decision as to the validity of arbitration agreements incorporating institutional rules relating to the nationality of arbitrators, and confirms the pro-arbitration approach of the English courts to arbitration as a dispute resolution mechanism.”